City Council Regular Meeting

Star City Council Meeting Minutes April 17, 2007 The regular meeting of the Star City Council was held at 7:00 pm at the Star Fire Department, Mayor Nathan Mitchell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Council persons Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Councilwoman Tammy McDaniel was absent. Approval of Agenda: Bell moved to amend the agenda tabling 6-E Mac Land Annexation and Zoning to May 1 and 7-D the Lakeshore Subdivision discussion will need to be re-noticed and discussed at a latter meeting. Christopherson seconded the motion. Bell amended his motion to move 6-D the Zoning Text Amendment Public Hearing to the 6-A position, Christopherson seconded the amendment. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of Claims against the City for March 2007; Findings of Fact & Conclusions of Law for: Pinewood Lakes Preliminary/Final Plat and Orion Park Waiver Request; Alcoholic Beverage License Renewals for: Star Mercantile, Sam’s Saloon, Smoking Vine, Chapala’s Restaurant and Helena Marie’s. Christopherson moved to approve the Consent Agenda, Erlebach seconded the motion. All aye: motion carried. Public Input: No public spoke. Public Hearings: Zoning Text Amendments - Mayor Mitchell explained the amendments stating that one was a Central Business District change that affected properties from Mira west to Star Road. This amendment changed single family dwelling units from being conditional uses to being permitted uses in this area. The other change was to home occupation explaining that this is a secondary use, not primary use. Carolyn Schreiner, 12490 West New Hope Road, asked when this ordinance would be effective and if she could get a letter from the City. The Mayor closed the public hearing and moved to deliberations. Councilman Bell stated that these changes were common sense and did not need to be deliberated. Bell believes this should be approved. Bell moved that pursuant to Idaho code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 174 be 1 considered after reading once by title only, Christopherson seconded the motion. Roll Call: Christopherson, Erlebach, Bell: motion carries. Bell moved to approve Ordinance 174, an ordinance of the City of Star, Idaho, amending Ordinance No. 59, the Zoning Ordinance; amending Section 2.3 Schedule of District Use regulations; Section 11.7 Unique Land Uses; Section 11.7.22 Home Occupation; Section 11.10 B-1 Architectural Character; and providing for an effective date, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell: motion carries. Hidden Meadows Annexation/Zoning/Preliminary Plat - The Mayor opened the public hearing and stated it was a continued public hearing. The Mayor asked Council if they had any conflicts of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. Darin Taylor, Taylor Land Planning, stated they have provided more usable open space for this development. Taylor pointed out areas on the map as open space. Taylor stated the Council had suggested connectivity to the open space and they have installed ten foot paths. The Council’s final request was larger center lots as they were 25 foot across. They are now 30 feet wide. The retention ponds are designed for short term storage – not long term. They are submitting the application for consideration. The storm water ponds are 30% of the total common area, the first application showed them as 40% of common areas. Councilman Erlebach asked if they increased the lot sizes. Taylor stated that yes they had and the corner lots are 38 feet wide. Bell asked to hear why the property justifies an R5 zoning. Taylor stated that they are trying to match the surrounding densities like the Corinthian development. Taylor feels this property is between City properties. Taylor stated that the colors of houses are the same and design of the houses are the same in Star. They are hoping to find a market that is not being served right now; more affordable, people not wanting a lot of land to take care of. Taylor stated that the alleys are on the back sides of housing. Taylor referenced Harris Ranch – they have this type of housing. Their houses are on 34 foot lots. Taylor stated that it may look like the development is out of town now, but we could be in the middle of the City. Applicant, Todd Armstrong of Bent Lane Development addressed the zoning question. He talked about development north of the canal, Idaho Power will build a building to house 150 people, they could logically see State Street be commercial on both sides. Armstrong believes this is a logical place for high density. This area seems to be a transitional area and they have backed off the original request. They did look at what the Council requested and believes they accomplished everything. Bell asked what the open space requirement is for an R-5. Mary Shaw Taylor, City Planner stated that the Council has requested that there be an increase of open space for 2 developments that have over 100 homes to 15%. This preliminary plat has increased their open space to almost 15%. Public Testimony – Richard Tinsley, 10459 W Achillia Street, stated that in a previous meeting the word variance was used. The Mayor stated that they are asking for a waiver of set backs. Tinsley asked how you fit a two story house on a 31 foot lot. The Mayor stated that they are asking for a straight five foot setback – removing the five foot per story. Tinsley asked what the reason was. The Comp Plan says what our setbacks should be, and he feels we’re letting the genie out of the box. Tinsely lives in an R4 subdivision – he hasn’t found a meadow yet. The developers have expanded the open space. There are children, young children with no place to play now in his subdivision. The only place they have to play in the ditches and canals. Tinsley stated that he has no objections to people taking risks, but believes an R5 is a bit much. Kristin Battey asked that her letter be read into the record. Battey’s want an R4 designation. Jill Hettinger, 6177 Somerset Lane, asked if the ordinance is a part of the fire code. The Mayor stated that we can adopt any setback. The Fire Department requires a three foot setback. Hettinger asked about new codes that have come out dealing with planned unit developments. The Mayor stated that this is not a PUD it is a subdivision. Richard Stuppy, 2215 N. Can Ada Road, stated that if you put the density down there without a streetlight somebody is going to get killed. Stuppy stated that it is time to watch the sunset and not run after the money. Applicant rebuttal – Armstrong stated that the vision for the project was to create reasonably priced homes in Star. Star has a majority that are $250,000 and above. They are having architects from out of state coming in to design homes. Regarding the second story and setbacks, the Heron River development has modified the setbacks. As you move up the density the setbacks stay the same in the zoning code. This is the only place to make an affordable home. The Idaho Transportation department will require a right and left turn lane as well as additional turn lanes for the highway. Erlebach asked if they are aware that the Canyon County Highway District and the Star Fire Department have concerns about alley ways. Armstrong stated that the front section was proposed for alleys, but at the request of Canyon Co. Highway District it has been widened to regular street width. It is the same configuration at the other end. The setbacks and sizing of alleys are more restrictive. Erlebach asked how they were going to enforce no parking in the alley ways – Todd it won’t be allowed – for small size vehicles only – alley loads are not an issue. If someone parks in the alleys can the Fire Department get around them. Erlebach stated that the cul-de-sacs do not have 45 degree turning radius’. Armstrong stated that they were all designed per Canyon County Highway District. The Mayor 3 stated they have to meet requirements. The engineer from Toothman-Ortman stated that they have been designed per Ada County Highway District requirements with Canyon County as the approving agency. The Mayor stated that ACHD has adopted Canyon County Highway District standards. Regarding the parking in the alleys, they will do signing to keep people from parking in the wrong place. A homeowners association will have the rules, but the sheriff’s department will write the tickets. Taylor stated that regarding the alleys, they are aware of the concerns. They have three alleys and all lots front a public road. Residents will also enter their garages from behind. The alleys will be widened and all roads will be public. The cul-de-sac parking will be addressed. Erlebach asked if the alleys are built to public road standards. The Mayor stated that they were. The Mayor closed the public hearing and moved to deliberations. Christopherson stated that he thinks the developer has addressed the concerns. This development is appropriate for this type of zoning. We definitely need all types of products in Star. He is in favor of this preliminary plat and annexation. Bell asked about the open space, he doesn’t see any planned amenities for these areas. Armstrong stated that the only planned amenity is for a swimming pool and cabana, but no other open space has been planned for. As they heard last time, the Council wanted open space for the other areas. Armstrong can’t see why they wouldn’t want some playground equipment, he believes it is appropriate. Bell asked if they would be willing to put playground equipment in. Armstrong stated that they would. Erlebach asked if the developer would be willing to put the pool and cabana in. Armstrong stated they know the community needs to have open space. The Mayor stated that if you want them to commit to a pool, to add it to the conditions. Bell stated that he is torn two ways on this development. We do need a variety of housing and affordable housing and for people who don’t want a lot of overhead. He does not think this location is ideal for this particular thing. This is not far off of Highway 44 and will have a big Idaho Power building in front of it – he doesn’t think it bodes well. He understands citizen concerns when we do this. We don’t have to let it be a precedence – we don’t have to give them all an R5. There are a lot of hard issues when you come down to it. Bell doesn’t think this is an infill project. From a planners standpoint we do need density in this City, we need to put it close to the City. It is hard to swallow, he is still not convinced that this is the place for it. Bell not in favor of this and would like to see something more affordable in an R4 range. Christopherson moved to approve File #AZ 07-01 annexation and zoning of property into the City of Star with a zoning designation of R5. The Mayor stated that a clarification of 4 adding a development agreement needs to be made. Christopherson added the development agreement to his motion. The motion failed for lack of a second. Christopherson moved to table this until the next meeting and hear Councilwoman McDaniel’s thoughts on this application, Bell seconded the motion. Bell seconded and asked the applicant to bring this down to an R4, if possible and maybe work on this a little more. Bell believes we do need projects like this, but we are not there yet. They want to continue the public hearing to the May 1 meeting. Christopherson seconded the amendment to the motion, Bell seconded the amendment. All aye: motion carried. Milligan Conditional Use Permit – The Mayor declared the public hearing open and asked the Council for any conflicts of interest or ex parte contact. Hearing none, the Mayor asked the applicant to speak. The Mayor explained that this is one of the commercial lots in front of the Pinewood Lakes Subdivision. The Conditional Use Permit request is for a day care center. Clint Yaka, BRS Architects stated they would like to construct a 4,600 square foot building for a day care center. Yaka believes it will be an asset to the neighborhood and an asset to the community. He is asking for approval of application. Public – Sandra Johnson, 39 Sellwood Lane, Star is the project manager for Pinewood Lakes Subdivision and is at the meeting to support this application. It will be an addition to the Pinewood Lakes subdivision and is consistent with their design review. They have made excellent provisions for the play area and this is a needed amenity. Yaka stated that they are in agreement with staff’s conditions of approval. Erlebach asked for a clarification regarding the landscaping buffer along Highway 44 – the Mayor showed the buffer. The Council discussed the buffer area. The Mayor closed the public hearing and moved to deliberations. Christopherson stated that he believes this is appropriate for the area, he is fine with the buffer. Bell is in agreement with this – this is not a residential zoning. Commercial buffering is ten foot and this is 21 feet. This is a commercial lot. Bell believes this will be a great addition to that part of town. Bell moved to approve the conditional use permit for the Milligan Day Care with the three stated conditions of approval, Christopherson seconded the motion. All aye: motion carried. East Canyon Preliminary Plat - The Mayor asked Council for any conflicts of interest or ex parte contacts, hearing none the Mayor opened the public hearing. Bonnie Harper, Corinthian Homes, 391 E. State Street Eagle, they are seeking approval of a preliminary plat. On November 14, 2006 the annexation was heard and a lot count 5 of 1,500 total residential lots was approved. They now have 1359 residential lots with open space of 20% and 114 acres, they have increased open space and lowered the lot count. They believe this community will support the economic development of Star. They have looked at the location and attributes such as State Highway 44 and have a variety of housing types. They have tree-lined streets with detached sidewalks, pedestrian ways connecting communities and walking paths along roads and canals. In this design the open space is enhanced in five major parks and a 12 acre school site. They are creating a community that includes different housing types. Amenities include play structures, gazebos, basketball courts, two pools, club houses and the school site. They looked at the commercial core as a gathering place for their site and neighboring communities. They will have plaza areas and create a traditional main street. Conceptual layouts were shown. They have paid attention to transition of homes from smaller homes through all ranges. They have also transitioned density as you move away from commercial core. There are a variety of lot sizes and how the lots are laid out. They hope to appeal to a wide variety of home buyers. They are using canals and ditches as attributes and mindful to keep easements out of the lots. Overall they seek to support the family life cycle in Star. Christopherson asked how much of the 20% open space is in park? Harper stated that it is all open space. Christopherson pointed out different areas of parks and asked for the size. The Mayor stated that the specific park area is 216,000 sq. feet – about four and a half acres. Christopherson asked if the school site is included in the open space calculations. Harper stated that it was. Without the school site they still meet the open space requirements of the development agreement. Tom Farley, 1178 Blake Drive, representing the Middleton School District. Corinthian Homes have set aside a school community. It is a tribute to Corinthian in recognizing this. It has been finalized and it has met the Middleton School requirements. The District readily supports the East Canyon development. The Mayor asked if the School District has a signed agreement. Farley stated that they did. Farley stated there will be about 2,500 children in the school system from this development. Public Testimony – John O’Kerr, 22226 Eel Lane, Middleton, asked what effect will this development have on their farming, will the changes to the canal affect things. They do a lot of aerial spraying – he is concerned about the changes. Jill Hettinger, 6177 Somerset Lane, asked what percentage of the open space is retention ponds and what kind of buffer areas are they planning for different uses. Chris Stokes, 10166 Arrowleaf, Star, stated that there will be an elementary school site donated, but what will happen to the other children and is there a contingency plan. 6 Helen Bergie, 6909 Foothill Road, asked about the ditch easement on the north property and how far south that easement will be. Her property ends in the middle of the road. Al Dawn, 22020 Blessinger Lane, lives near the southern half of this development and the irrigation goes through the middle of this property. The land to the south of this property is where the irrigation comes across to him. They raised the property by river and it took him a week to get water and he is concerned about this development. The Mayor stated that there are irrigation concerns. The Middleton Mill, Canyon, Pioneer Ditch/Canal Districts will have approving authority on this property. The development will have to go to the ditch boards for approval. They will make the determination on how wide the ditches need to be. Dawn is also concerned about small lots around his property – he has a horse arena and it has a jumping arena – concerned about safety issues. He wants an eight foot fence around this development. Applicant Rebuttal – Harper stated that they have looked at a lot of these issues. Regarding the open space question, it is hard to determine regarding water detention at this point. Dave Roylance, Corinthian Homes, 391 State Street, Eagle, stated that he understands the requirements and delivery points regarding irrigation. They really haven’t gotten into it that far yet. Regarding area spraying, there is a “Right to Farm Act” that says basically that the farmer was there first and farming has a right to continue. Regarding the perimeter fence – it will be a six foot fence and they will probably be filling to the neighbor’s property height due to a high water table. Farley stated that HB 310 will save Middleton citizens 35 million dollars by running a bond. They have elementary, middle school and high school sites planned. Middleton School District has planned for this. Christopherson asked about phasing. Roylance stated that the first phases will be south of Highway 44, the third and fourth phase will start north of Highway 44. Roylance stated that they would like to start the project in two or three months. Christopherson asked when the commercial part will start. Roylance stated that they are not ready for it, and it will come later. Erlebach asked about a letter from Corinthian Homes stating they will have will have approximately 138 acres of open space and now it has changed. Harper stated that she believes that it was a typo. Erlebach asked if maybe they could incorporate a fish pond. Roylance stated that he thinks they will incorporate fish ponds. They will dig down twenty-five feet and have ground water will spill into the ponds. Mary Shaw Taylor stated that there are concerns about the alley ways and primary access from Canyon County Highway District and the Star Fire Department. Roylance stated that they had a meeting yesterday and there are a couple of issues. They have talked 7 about alternate designs and can make the changes to address both entities concerns. Taylor asked if those adjustments require taking out the alleys? Roylance stated that the Fire Department wants public alleys. This is not negotiable. Primary access will need to be changed. The Mayor closed the public hearing and moved to deliberations. Christopherson stated that he believes the applicant has done a good job and have stayed well within the bounds of what we’ve talked about. They have a nice big school site and nice amenities – they have that covered. He likes the different housing types, commercial throughout the subdivision and all the needs of the community and he is in favor of this application. Bell stated that he would like to compliment the applicant on what they have brought before us and knows they will work through the problems. They have to comply with conditions. He is impressed that the Council told them they could create 1500 homes and they came back with less lots. They also came with a lot of amenities and open space. He likes what he has seen so far including the design. The commercial will be nice commercial and he likes what they are doing. He likes the walk-ability and open space. He gives them full approval. Erlebach dittoed Councilman Bells comments. They have set good examples and likes what they have done so far. Elrebach moved to approve the Preliminary Plat for East Canyon with the fifteen conditions of approval, Bell seconded the motion. All aye: motion carried. Hope Ridge Final Plat – Kerry Winn, Star 20 LLC, asked about the landscaping on page 2 of staff report – bond for common space. The Mayor stated that landscaping is usually a part of the covenents. Winn stated that the CC&R’s require it. Bell asked staff about the statement that the final plat is similar to preliminary plat – what changes. Taylor stated that there are no substantial changes. The Mayor stated that the overall number of lots in the overall subdivision are the same. Christopherson moved to approve the final plat, phase one of Hope Ridge Estates with the fourteen conditions of approval, Bell seconded the motion. All aye: motion carried. Church Request – Erlebach as a representative of the Parks & Recreation Committee approached the church to use the Revival Center for skateboarding. The Church has asked that the City contribute $1,952 for panic releases on doors and lit exit signs. The Church will be renting the center out to other entities this summer. Erlebach later found out that the $1,952 contribution is the total cost for all the upgrades. Erlebach suggested entering into some type of contract that says it will stay open up to a year for the public. The Mayor stated that he is concerned about spending public money and not having control over the building. Who will be the scheduling authority? The other thing is if a group asks to use it and the City says yes, we can’t allow discrimination to other groups. 8 The Church would not sign the agreement previously. We need to make sure that they are willing to sign an agreement. Erlebach thinks that it’s a great area, but maybe in another area. It definitely needs to be supervised. Bell has talked with a couple of people heavily involved with this process and what Mayor said is exactly right. The Church wanted control over the building. There will be continuing issues. Bell also talked with Sergeant Ramage and he is not in favor of this due to enforcement issues. We will get the previous contract for Erlebach and if the Church is willing to sign the agreement we will move forward. Ordinance No. 175 Penalties & Enforcement - The Mayor stated that we are adding language to the Ordinance for a Code Enforcement officer. Christopherson moved that pursuant to Idaho Code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 175 be considered after reading once by title only, Bell seconded the motion. Roll Call: Christopherson, Erlebach, Bell: motion carries. Christopherson moved to approve Ordinance No. 175, an Ordinance of the City of Star, Idaho, a municipal corporation of the State of Idaho, amending Title 1, Chapter 4, Section 1; Title 1, Chapter 6, Section 7 of the Star City Code creating a joint Code Enforcement Officer position with criminal citation writing authority; and providing an effective date, Erlebach seconded the motion. Roll Call: Christopherson, Erlebach, Bell: motion carried. Reports: Staff – Staff had nothing to report. Council – Christopherson stated that the Economic Development Committee is working on entrance signs. The Community College decision will be voted on at the May election. Christopherson will train committee members on how to use the web page. Erlebach – Code Enforcement Officer, Scott Buck has talked with the maintenance supervisor at the apartments and they will have some type of barricade put up where the sidewalk ends. Seven trees have been moved to Blake Haven Park. Bell – He and the Mayor will be attending a meeting with the Meridian School District at 2 pm on Friday. Mayor – The Mayor stated that they have started the City Hall construction. The plan is for a mid fall move in. The Mayor will be out of town on Monday through Wednesday at Boise Metro Leadership Conference in Sun Valley. 9 The Mayor stated that we need to get Lakeshore cleaned up. The written Sheriff’s report has been put into the packets. Erlebach stated that he has been getting bids on installing the sidewalks, swings, and gazebo for Blake Haven Park. So far one has come in at $46,000. Adjournment: Bell moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion carried. The meeting was adjourned at 10:00 pm. Respectfully submitted: Approved: ______________________ _______________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 10